As one of the first researchers authorised to observe hearings and access court files at the Court of Protection, Jaime Lindsey offers an original account and analysis of the workings of this court. Using data collected with the approval from the senior judiciary of the Court of Protection and the Ministry of Justice, this innovative book combines empirical data with theoretical and normative analysis. It takes a socio-legal approach to understanding how the Mental Capacity Act operates in practice to achieve access to justice and situates current debates within an international context, showing how other jurisdictions have been guided by the United Nations Convention on the Rights of Persons with Disabilities. Furthering scholarship across several fields including access to justice, healthcare law and procedural justice theory, this is a timely and pioneering book that argues for a reimagining of the Court of Protection.
Rezensionen / Stimmen
'[This volume] does an excellent job in writing people with impaired capacity into socio-legal discourse on access to justice. It also showcases the essential contribution of socio-legal methodologies in informing ongoing debates in disability and capacity law.' Mary Donnelly, Journal of Law and Society
Reihe
Sprache
Verlagsort
Editions-Typ
Produkt-Hinweis
Illustrationen
Worked examples or Exercises
Maße
Höhe: 229 mm
Breite: 152 mm
Dicke: 14 mm
Gewicht
ISBN-13
978-1-108-99503-0 (9781108995030)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Jaime Lindsey is Senior Lecturer at the School of Law at the University of Essex. Her research interests include healthcare law, mental capacity and adult safeguarding law, access to justice and dispute resolution. She adopts an empirical socio-legal approach to the study of these areas of law. Jaime Lindsey is a member of the SLSA and is a non-practising solicitor. She is also an Academic Fellow of the Middle Temple.
Autor*in
University of Essex
1. Introduction; 2. Procedural Justice; 3. Participation and Voice; 4. Mediating Disputes; 5. Expert and Experiential Evidence; 6. The Courtroom Space and Design; 7. Conclusions: Designing for Access to Justice.
